Is your Website compliant with law no. 88/2009 ART. 42?

A new European regulation introduces new obligations regarding communication, particularly on the web. It specifically concerns capital companies, namely Article 42 of Law No. 88/2009, which, in relation to the amendments to Article 2250 of the Civil Code, requires these companies to publish on their website:

1. In addition to the VAT number, the registered office, the office of the business register where the company is registered, and the registration number must be displayed.
2. The share capital, indicating the amount actually paid and the capital existing from the last financial statement.
3. If the company is in liquidation, this must be stated.
4. In the case of joint-stock companies or limited liability companies if there is a sole shareholder.

This applies not only to websites but to all online representations by companies, from social networks to blogs, and all electronic media that provide advertising and visibility. Failure to comply with the regulation results in a hefty fine.

Article 42. Provisions regarding the implementation of Directive 2003/58/EC of the European Parliament and of the Council, of July 15, 2003, which amends Directive 68/151/EEC of the Council concerning the advertising requirements of certain types of companies)

1. In Article 2250 of the Civil Code, after the fourth paragraph, the following are added: "The acts of companies established according to one of the types regulated in Chapters V, VI, and VII of this title, for which registration or deposit is mandatory, may also be published in a special section of the business register in another official language of the European Communities, with a sworn translation by an expert. In case of discrepancies with the acts published in Italian, those published in another language pursuant to the fifth paragraph cannot be opposed to third parties, but they may avail themselves of it, unless the company demonstrates that they were aware of their version in Italian. Companies referred to in the fifth paragraph that have an electronic space intended for communication connected to a publicly accessible telematic network provide, through this means, all the information referred to in the first, second, third, and fourth paragraphs."

2. In Article 2630, first paragraph, of the Civil Code, after the words: "business register" the following are inserted: ", or fails to provide in the acts, correspondence, and telematic network the information required by Article 2250, first, second, third, and fourth paragraphs."

Article 2250 (1)
Indication in acts and correspondence
[1] In the acts and correspondence of companies subject to the obligation of registration in the business register, the registered office of the company and the office of the business register where it is registered and the registration number must be indicated.
[2] The capital of joint-stock companies, limited partnerships, and limited liability companies must be indicated in the acts and correspondence according to the amount actually paid and as it results from the last financial statement.
[3] After the dissolution of the companies referred to in the first paragraph, it must be expressly indicated in the acts and correspondence that the company is in liquidation.
[4] In the acts and correspondence of joint-stock companies and limited liability companies, it must be indicated if they have a sole shareholder (2).

(1) As modified by Article 1 D.P.R. December 29, 1969, No. 1127 (G.U. February 10, 1970, No. 35).
(2) Paragraph added by Article 2 of D.Lgs. March 3, 1993, No. 88. - The words "joint-stock and" were inserted by Article 6.3, d.lg. February 6, 2004, No. 37. - Paragraph added by Article 2, d.lg. March 3, 1993, No. 88.

Therefore, this information must be included, for example, in:

1. invoices
2. contracts
3. letters
4. emails
5. website

In detail, the obligations for each type of company:

A penalty of from €206 to €2,065 is provided for companies that omit data in their communication.